The voracious appetites of public versus private property: a view of intellectual property and biodiversity from legal pluralism

"This paper argues, from the perspective of legal pluralism, that both private and public properties are voracious. In recent western developments, they each expand by trying to 'eating the other up'. Western property theory promotes this dualistic game of voracious property types. In exporting this game world wide through privatization, international agreements and regulations many other more balanced approaches to property, which fall between the public/private divide, are being consumed as well (as in kin group corporate property, cultural property etc.) Such a dualistic model of property limits our understanding of the ways in which the property rights of different claimants are interdependent. This interdependence arises not only from legal institutions that mediate property rights, but also from social institutions that determine and distribute rights, and how these legal and social institutions interface. The three-tiered model presented in this paper ideological, legal, and social reveals the systemic nature of property rights. Issues concerning 'new' forms of intellectual property, as well as the management of natural resources, highlight the limitations of the ideological approach to property rights, which largely ignores the legal and social relationships embedded in these forms of property. This paper explores the implications of such voracious property for biodiversity. " Author's AbstractProperty, intellectual property, Biodiversity, Natural resources, Legal pluralism, Institutions,

Integrated Management: A Coastal Community Perspective

This paper was prepared for the Food and Agriculture Organisation of the United Nations Regional Workshops on Small-Scale Fisheries "Securing Sustainable Small-Scale Fisheries: Bringing together responsible fisheries and social development". It presents a review of what are seen as 'good practices' globally in policy and governance of small-scale fisheries, with a particular focus on addressing rights-based issues, viewed broadly as incorporating fishery rights, other rights to natural resources, and rights and entitlements in relation to human, social and economic rights. It draws extensively on the 1995 Code of Conduct for Responsible Fisheries and related technical guidelines, particularly those concerning small-scale fisheries and their roles in poverty alleviation and food security, and the human dimensions of the ecosystem approach to fisheries. The paper is also strongly informed by the papers prepared for and outcomes of the 2008 Global Conference on "Securing Sustainable Small-Scale Fisheries: Bringing together responsible fisheries and social development" and the relevant rights-oriented components of the 'Bangkok Statement' produced by the Civil Society Preparatory Workshop for the Global Conference. It also draws upon a set of research documents in the international literature focusing on small-scale fisheries and related policy issues [e.g., Allison et al. (2010), Charles (2009, 2011), McConney and Charles (2009); Kurien (2000, 2007)]

Practical steps toward integrating economic, social and institutional elements in fisheries policy and management

While international agreements and legislation call for incorporation of four pillars of sustainability, the social (including cultural), economic and institutional aspects (the ‘human dimension’) have been relatively neglected to date. Three key impediments have been identified: a relative lack of explicit social, economic and institutional objectives; a general lack of process (frameworks, governance) for routine integration of all four pillars of sustainability; and a bias towards biological considerations. Practical integration requires a ‘systems’ approach with explicit consideration of strategic and operational aspects of management; multidisciplinary or transdisciplinary evaluations; practical objectives for the four pillars of sustainability; appropriate participation; and a governance system that is able to integrate these diverse considerations in management. We challenge all involved in fisheries to immediately take five practical steps toward integrating ecological, economic, social and institutional aspects: (1) Adopt the perspective of the fishery as a ‘system’ with interacting natural, human and management elements; (2) Be aware of both strategic and operational aspects of fisheries assessment and management; (3) Articulate overarching objectives that incorporate all four pillars of sustainability; (4) Encourage appropriate (and diverse) disciplinary participation in all aspects of research, evaluation and management; and (5) Encourage development of (or emulate) participatory governance

a view of intellectual property and biodiversity from legal pluralism

"This paper argues, from the perspective of legal pluralism, that both private and public properties are voracious. In recent western developments, they each expand by trying to 'eating the other up'. Western property theory promotes this dualistic game of voracious property types. In exporting this game world wide through privatization, international agreements and regulations many other more balanced approaches to property, which fall between the public/private divide, are being consumed as well (as in kin group corporate property, cultural property etc.) Such a dualistic model of property limits our understanding of the ways in which the property rights of different claimants are interdependent. This interdependence arises not only from legal institutions that mediate property rights, but also from social institutions that determine and distribute rights, and how these legal and social institutions interface. The three-tiered model presented in this paper--ideological, legal, and social--reveals the systemic nature of property rights. Issues concerning 'new' forms of intellectual property, as well as the management of natural resources, highlight the limitations of the ideological approach to property rights, which largely ignores the legal and social relationships embedded in these forms of property. This paper explores the implications of such voracious property for biodiversity." -- Author's AbstractNon-PRIFPRI1; Environment and Natural Resource Management; CAPRiEPT

The voracious appetites of public versus private property: a view of intellectual property and biodiversity from legal pluralism

In an opening vignette to an otherwise insightful article, Carol M. Rose (2003) compares people who hold intellectual property rights to poor villagers in India. They put effort and time into developing small but productive properties, only to have the wild tiger or rogue elephant of the public domain trample them or eat them up. In extreme cases, IP "villages" are abandoned and left to "the jungle" of public property. But Rose neglects another part of the story, and that is that the villagers are also hungry, and while they do not directly consume tigers, they do consume the environment a tiger needs to survive. This paper argues, from the perspective of legal pluralism, that both private and public properties are voracious. In recent western developments, they each expand by trying to 'eating the other up'. Western property theory promotes this dualistic game of voracious property types. In exporting this game world wide through privatization, international agreements and regulations many other more balanced approaches to property, which fall between the public/private divide, are being consumed as well (as in kin group corporate property, cultural property etc.). Such a dualistic model of property limits our understanding of the ways in which the property rights of different claimants are interdependent. This interdependence arises not only from legal institutions that mediate property rights, but also from social institutions that determine and distribute rights, and how these legal and social institutions interface. The three-tiered model presented in this paper--ideological, legal, and social--reveals the systemic nature of property rights. Issues concerning 'new' forms of intellectual property, as well as the management of natural resources, highlight the limitations of the ideological approach to property rights, which largely ignores the legal and social relationships embedded in these forms of property. This paper explores the implications of such voracious property for biodiversity

What Scientists Say about the Changing Risk Calculation in the Marine Environment under the Harper Government of Canada (2006-2015):

This paper examines how the Harper Government of Canada (2006-2015) shut down both debate about threats and research into environmental risk, a strategy that Canadian scientists characterized as the “death of evidence.” Based on interviews with scientists who research risks to the marine environment, we explore the shifting relationship between science and the Canadian government by tracing the change in the mode of risk calculation supported by the Harper administration and the impact of this change. Five themes emerged from the interviews: erosion of science research capacity, resulting limitations in understanding risk, declining influence on policy and regulation, redirection of public science funds to support the private sector, and the need to broaden the science knowledge base. The Canadian “death of evidence” controversy represents a challenge to Science and Technology Studies (STS) scholars who wish to maintain a critical and reflexive perspective on the scientific enterprise without supporting attacks on evidence. While subsequent Canadian governments may simply return science to a privileged knowledge status, we view this as equally damaging to broad risk calculation and democratic science. We suggest instead that a broader gathering of matters of concern will always be essential to risk assessment

Distribution of fishery benefits and community well-being: a review of increased access to the Eastern Nova Scotia snow crab fishery

An expanding fish stock offers a rare opportunity to support fishing enterprises whose traditional fisheries have diminished or failed. The Eastern Nova Scotia snow crab fishery is one example, where in 2005, a growing stock allowed benefit-sharing among more than 700 harvesters. As a contributing case study of social and institutional aspects of sustainability, we review the background of that fishery and the outcomes of the redistribution of fishery benefits. Based on more than 50 semistructured interviews, the case study demonstrates how conflict has settled into cooperation, with the fishery remaining biologically sound and highly beneficial to individuals and their communities. However, the method chosen to manage the distribution in Eastern Nova Scotia has not guaranteed that benefits will remain in local communities. In other jurisdictions, alternative approaches developed in conjunction with broad-based harvester organizations demonstrate better benefit retention in local communities. When compared with the Canada Fisheries Research Network Sustainability Framework, this case study offers insights into the benefits that thoughtful resource redistribution can provide, illustrating that fishery policy decisions must anticipate long-term implications and should apply a definition of fisheries sustainability that includes community well-being, in this case, as evidenced in local licence retention